Grafton Local Environmental Plan 1988 (NSW)

Part 1Preliminary1Name of plan

This plan may be cited as Grafton Local Environmental Plan 1988.

2Aims, objectives etc

The aims and objectives of the plan are:

• (a)

  to replace existing local environmental planning instruments which apply to the City of Grafton with a comprehensive local environmental plan which recognises Grafton’s role as the regional centre of the Clarence Valley,

• (b)

  to simplify the general restrictions on development of land by reducing the number of zones into which land within the City of Grafton is divided and to regulate development by development control plans and aims and objectives of zones,

• (c)

  to define objectives for each of the land use zones adopted by this plan in order to clarify the planning intent of each zone, and

• (d)

  to provide the basis for the planning and development of Grafton City to the year 2000.

3Land to which plan applies

This plan applies to the whole of the land within the City of Grafton, as shown on the map, with boundaries as indicated on the map.

4Relationship to other environmental planning instruments

This plan repeals the following environmental planning instruments:

• (a)

  Grafton Planning Scheme Ordinance,

• (b)

  Interim Development Orders Nos 1, 4, 5, 6, 8–13, 16, 17, 18, 20 and 22–25—City of Grafton,

• (c)

  such other local environmental plans and deemed environmental planning instruments as, immediately before the day this plan took effect, applied to the land to which this plan applies to the extent to which they applied to that land.

5Definitions

In this plan:

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition, that is:

• (a)

  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

• (b)

  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note—

The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.

Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines, being part of the Acid Sulfate Soil Manual, as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.

Acid Sulfate Soils Management Guidelines means the Acid Sulfate Soils Management Guidelines, being part of the Acid Sulfate Soil Manual, as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.

Acid Sulfate Soils Planning Map means the map marked “Grafton Local Environmental Plan 1988 (Amendment No 24)—Acid Sulfate Soils Planning Map” kept in the office of the Council of the City of Grafton.

advertisement means a display of symbols, messages or other devices for promotional purposes or for the purpose of conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

advertising structure means a structure used principally for the display of an advertisement.

aerodrome means a place or area, open to use by the public, which is licensed by the Commonwealth Department of Transport for use by aircraft, and includes airline terminal buildings and associated facilities.

agriculture and cultivation include horticulture and mean the use of land for any purpose of husbandry, including the keeping or breeding of livestock or bees, and the growing of fruit, vegetables, and the like.

ancillary dwelling means a dwelling that is fundamental but subordinate to the operation of a non-residential use.

animal establishment means a building or place used for any one or more of the purposes of intensive animal husbandry or the boarding, training or keeping of animals, birds, fish, crustaceans, insects or the like, generally requiring the importation of feed from sources outside the land on which the development is conducted.

applicable exempt and complying development control plan means, in relation to development within a particular zone, Part C (Exempt and Complying Development) and the related Schedules of the development control plan in the following list of development control plans (all of which were adopted by Council on 18 October 2006) that is expressed to apply to land within that zone:

• (a)

  Clarence Valley Council Development Control Plan—Development in Business Zones,

• (b)

  Clarence Valley Council Development Control Plan—Development in Environmental Protection, Open Space and Special Use Zones,

• (c)

  Clarence Valley Council Development Control Plan—Development in Industrial Zones,

• (d)

  Clarence Valley Council Development Control Plan—Development in Residential Zones,

• (e)

  Clarence Valley Council Development Control Plan—Development in Rural Zones,

• (f)

  Clarence Valley Council Development Control Plan—Development in Rural Residential Zones.

archaeological site means a place that contains one or more relics.

arterial road means any existing road indicated on the map by a broken black band between firm black lines.

brothel means premises habitually used for the purposes of prostitution, whether used by one or more prostitutes.

car park means any building or land, not being part of a dwelling-house or curtilage of a dwelling-house or of a street or road, whether publicly or privately owned, used (whether or not for fee or reward) for the parking of motor vehicles.

caravan park has the same meaning as in the Caravan Parks and Movable Dwellings Ordinance.

cluster development means the erection of more than 1 dwelling-house or residential flat building on a single allotment of land within a residential zone.

community facility means a building or place:

• (a)

  owned or controlled by the Council, a public authority or a body of persons associated for the physical, social, cultural, economic or intellectual welfare of the local community, and

• (b)

  used principally to provide community services, such as public libraries, meeting rooms, rest rooms, child care centres and facilities for recreational, cultural or social activities,

whether or not that building or place is used for another purpose, and includes a local community club for persons sharing a like interest but not a registered club.

Council means the Council of the City of Grafton, and includes Clarence Valley Council.

curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.

demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.

designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

• (a)

  State and regional roads,

• (b)

  land required for regional open space,

• (c)

  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

dwelling-house means a building or group of buildings containing 1 but not more than 1 dwelling.

excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.

exhibition home means a dwelling-house used for the display and sale of a particular type of dwelling-house similar to that erected on the site.

health care professional means a person who renders professional health care services to members of the public.

heritage conservation area means an area of land of heritage significance:

• (a)

  shown edged heavy black and stippled on the map marked “Grafton Heritage Amendment Conservation Areas—Grafton South Grafton” as a heritage conservation area, and

• (b)

  the location and nature of which is described in Schedule 1,

and includes any heritage items situated on or within that area.

heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Department of Planning that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

heritage impact statement means a document consisting of:

• (a)

  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and

• (b)

  an assessment of the impact that proposed development will have on that significance, and

• (c)

  proposals for measures to minimise that impact.

heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 1.

Note—

An inventory of heritage items is also available at the office of the Council.

heritage management document means:

• (a)

  a heritage conservation management plan, or

• (b)

  a heritage impact statement, or

• (c)

  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

holiday cabin means a dwelling-house used, or intended to be used, for the provision of holiday accommodation only, being one of a group of dwelling-houses erected on an allotment of land, or on 2 or more adjoining allotments of land in the same ownership.

home activity means any activity or pursuit carried on for personal gain in a dwelling-house or a room or a number of rooms forming part of, attached to or within the curtilage of a dwelling-house or in a dwelling in a residential flat building where:

• (a)

  only goods made or produced therein as a result of the activity or pursuit and goods ancillary thereto are displayed or sold, and

• (b)

  the activity or pursuit does not:

  • (i)

    interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise,

  • (ii)

    involve exposure to view from any public place of any unsightly matter,

  • (iii)

    require the provision of any essential service main of a greater capacity than that available in the locality,

  • (iv)

    involve the employment of persons other than residents of the dwelling-house or dwelling, or

  • (v)

    involve the exhibition of any notice, advertisement or sign (other than a notice or sign not exceeding 1.2 metres by 0.6 metres exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident).

maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.

motor showroom means a building or place used for the display or sale of motor vehicles, agricultural machinery, caravans or boats, whether or not motor vehicle accessories, agricultural machinery accessories, caravan accessories or boat accessories are sold or displayed.

nominated State heritage item means a heritage item that:

• (a)

  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and

• (b)

  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

professional consulting rooms means a room or number of rooms forming either whole or part of, or attached to or within, the curtilage of a dwelling-house and used by not more than 3 health care professionals who employ not more than 3 employees.

public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following:

• (a)

  the supply of water,

• (b)

  the supply of electricity,

• (c)

  the disposal and management of sewage.

public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any government department or under the authority of or in pursuance of any Commonwealth or State Act:

• (a)

  railway, road transport, water transport, air transport, wharf or river undertakings,

• (b)

  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage, drainage or waste disposal services,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, government department, corporation, firm or authority carrying on the undertaking.

recreation area means:

• (a)

  a children’s playground,

• (b)

  an area used for sporting activities or sporting facilities,

• (c)

  an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

• (d)

  an area used by a body of persons associated together for the purposes of the physical, cultural, or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or a showground.

relic has the same meaning as in the Heritage Act 1977.

Note—

The term is defined as follows:

relic means any deposit, artefact, object or material evidence that:

• (a)

  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

• (b)

  is of State or local heritage significance.

restaurant means premises, the principal purpose of which is the provision of food and drink to people for consumption on the premises, or the provision of take-away food and drink, or both.

restricted premises means a building or place used as a shop or office or place of assembly:

• (a)

  in or on which restricted publications (within the meaning of the Indecent Articles and Classified Publications Act 1975) are exposed, exhibited, displayed, sold or otherwise rendered accessible or available to the public,

• (b)

  in or on which a business to which section 10 of the Indecent Articles and Classified Publications Act 1975 applies is conducted, or

• (c)

  in or on which a business is conducted, an object of which is the display or exhibition of any article (within the meaning of the Indecent Articles and Classified Publications Act 1975) that is primarily concerned with sexual behaviour, but which is not printed matter,

but does not include a shop where the business of a newsagent or registered pharmacist is genuinely carried on.

roadside stall means a building or place where only primary products produced on the property on which the building or place is situated are exposed or offered for sale.

seniors housing has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

stormwater flooding means inundation resulting from the incapacity of urban stormwater drainage works to handle runoff whether or not flood gates on drains have been closed due to the height of river flooding.

the map means the map marked “Grafton Local Environmental Plan 1988”, deposited in the office of the Council, as amended by the maps so deposited and marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

• •

  Grafton Local Environmental Plan 1988 (Amendment No 4)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 7)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 8)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 10)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 11)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 12)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 14) (Sheet No 3)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 15)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 16)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 18)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 22)—Sheet 2

• •

  Grafton Local Environmental Plan 1988 (Amendment No 23)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 27)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 28)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 29)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 31)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 34)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 37)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 38)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 44)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 48)

• •

  Grafton Local Environmental Plan 1988 (Amendment No 50)

urban release area means an area of land shown edged heavy black and hatched on the maps marked as follows:

• •

  Grafton Local Environmental Plan 1988 (Amendment No 44)

6Adoption of Model Provisions(1)

The Environmental Planning and Assessment Model Provisions 1980, except for:

• (a)

  the definitions of advertisement, advertising structure, agriculture, arterial road, dwelling-house, health care professional, home industry, home occupation, map, motor showroom, professional consulting rooms, refreshment room and roadside stalls, tourist facilities in clause 4 (1), and

• (b)

  clauses 5 (1), (2) and (3), 10, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 26, 28, 29, 30, 32 and 33,

are adopted for the purposes of this plan.

(2)

If a definition adopted by subclause (1) is expressed so as not to include a building or place (or a building or place used for a purpose) separately defined in those provisions then, for the purposes of Part 2, the definition does not include a building or place (or a building or place used for a purpose) separately defined in this clause.

7Consent authority

The Council shall be the consent authority for the purposes of this plan.

Part 2General restrictions on development of land8Zones indicated on the map

For the purposes of this plan, land shown on the map by the colour and indication specified in Column 1 of the Table to this clause shall be within the zone specified opposite thereto in Column 2 of the Table.

Table

Column 1	Column 2
1 RURAL
(a) Light brown with heavy black edging and lettered “1 (a)”	Zone No 1 (a) (Rural Zone)
(b) Light brown with heavy black edging and lettered “1 (b)”	Zone No 1 (b) (Rural Small Holdings Zone)
(c) Light brown with heavy black edging and lettered “1 (c)”	Zone No 1 (c) (Rural/Residential Zone)
(d) Light brown with heavy black edging and lettered “1 (d)”	Zone No 1 (d) (Rural (Flood Liable) Zone)

(e) Light brown with heavy black edging and lettered “1 (e)”	Zone No 1 (e) (Urban Investigation Zone)
2 LIVING AREA
(a) Light scarlet with heavy black edging and lettered “2 (a)”	Zone No 2 (a) (Living Area Zone)
3 BUSINESS
(a) Light blue with heavy black edging and lettered “3 (a)”	Zone No 3 (a) (Business Zone)
(b) Medium blue with heavy black edging and lettered “3 (b)”	Zone No 3 (b) Special Development Zone)
4 INDUSTRIAL
(a) Purple with heavy black edging and lettered “4 (a)”	Zone No 4 (a) (Industrial Zone)
5 SPECIAL USES
(a) Yellow with heavy black edging and lettered “5 (a)”	Zone No 5 (a) (Special Uses (Public Purposes) Zone)
(b) Blue-purple with heavy black edging and lettered “5 (b)”	Zone No 5 (b) (Special Uses (Railways) Zone)
6 OPEN SPACE
(a) Dark green with heavy black edging and lettered “6 (a)”	Zone No 6 (a) (Public Recreation Zone)
(b) Light green with heavy black edging and lettered “6 (b)”	Zone No 6 (b) (Recreation (Special Purposes) Zone)
8 NATIONAL PARKS AND NATURE RESERVES
(a) Dark green band with heavy black edging and lettered “8 (a)”	Zone No 8 (a) (National Parks and Nature Reserve Zone)
9 RESERVATIONS
(a) A broken black band between firm black lines	Zone No 9 (a) (Roads (Proposed Arterial Road Reservation) Zone)

9Zone objectives and development control table(1)

The objectives of a zone are set out in the Table to this clause under the heading “Objectives of zone” appearing in the matter relating to the zone.

(2)

Except as otherwise provided by this plan, in relating to land within a zone specified in the Table to this clause, the purposes (if any):

• (a)

  for which development may be carried out without consent,

• (b)

  for which development may be carried out only with consent, and

• (c)

  for which development is prohibited,

are specified under the headings “Without development consent”, “Only with development consent” and “Prohibited”, respectively, appearing in the matter relating to the zone.

(3)

Except as otherwise provided by this plan, the Council shall not grant consent to the carrying out of development on land to which this plan applies unless it is satisfied that the carrying out of the development is consistent with the objectives of the zone within which the development is proposed to be carried out.

(Rural Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to enable agricultural activities and uses compatible with agricultural activities to be carried out in rural areas, and

• (b)

  to control the residential density of rural areas and economic provision of services.

2Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction; forestry.

3Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4Prohibited

Advertising structures; boarding-houses; brothels; car repair stations; cluster development; commercial premises; industries (other than extractive or rural industries); motor showrooms; residential flat buildings containing more than 2 dwellings; recreation facilities; restricted premises; shops (other than general stores); warehouses.

(Rural Small Holdings Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to allow for the establishment of small rural holdings and minor compatible uses in suitable areas, and

• (b)

  to encourage subdivision layout and lot sizes which have regard to the creation of suitable house sites and to providing appropriate area for on-site effluent disposal rather than adherence only to minimum allowable lot sizes.

2Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction; forestry.

3Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4Prohibited

Advertising structures; boarding-houses; brothels; car repair stations; cluster development; commercial premises; industries (other than extractive or rural industries); motor showrooms; offensive or hazardous industries; residential flat buildings containing more than 2 dwellings; restricted premises; shops (other than general stores); warehouses.

(Rural/Residential Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to allow development of appropriate land for rural residential lots of a low density,

• (b)

  to allow for a lifestyle and activities which are not catered for or generally acceptable in urban zones, and

• (c)

  to encourage subdivision lot sizes that have regard to efficient provision of services, and to the topography of the site, and to the creation of suitable house sites rather than adherence only to minimum allowable lot sizes.

2Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction; dwelling-houses; forestry.

3Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4Prohibited

Advertising structures; brothels; bulk stores; bus depots; bus stations; car repair stations; commercial premises; gas holders; generating works; helipads; heliports; industries; junk yards; liquid fuel depots; mines; motor showrooms; residential flat buildings containing more than 2 dwellings; restricted premises; roadside stalls; sawmills; shops (other than general stores); stock and sale yards; transport terminals; warehouses.

(Rural (Flood Liable) Zone)1Objectives of zone

The objective of this zone is to recognise the flood liable nature of the land and to encourage only those uses which are compatible with the anticipated flood conditions.

2Without development consent

Bushfire hazard reduction.

3Only with development consent

Aerodromes; agriculture; car parks; extractive industries; forestry; helipads; recreation areas; roads; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose specified in item 2 or 3.

(Urban Investigation Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to indicate areas for future urban expansion,

• (b)

  to prevent uses which may frustrate the eventual development of the area for urban expansion,

• (c)

  to only allow short term use of the area which is consistent with the long term intention for the area to be used for urban purposes, and

• (d)

  to allow only those uses which will be compatible with the future urban development of the area.

2Without development consent

Agriculture (other than animal establishments); bushfire hazard reduction; forestry.

3Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4Prohibited

Advertising structures; boarding-houses; brothels; car repair stations; cluster development; commercial premises; industries (other than extractive or rural industries); motor showrooms; residential flat buildings; recreation facilities; restricted premises; shops; warehouses.

(Living Area Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to designate areas where residential development is the primary land use and where non-residential uses are permitted only when they are compatible and subordinate to the residential character,

• (b)

  to denote housing densities and types and desired location of allowable land uses whilst maintaining the existing character of those areas by development control plans,

• (c)

  to allow non-residential uses that can be demonstrated to be compatible with the residential zoning and having regard to public opinion, and

• (d)

  to provide opportunities for the provision of secure, appropriate and affordable housing in a variety of types and tenures for all income groups within the City of Grafton.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose specified in item 4.

4Prohibited

Animal establishments; brothels; bulk stores; bus depots; bus stations; car repair stations; commercial premises; gas holders; generating works; helipads; heliports; industries; junk yards., liquid fuel depots; mines; motor showrooms; restricted premises; sawmills; shops (other than general stores); stock and sale yards; transport terminals; warehouses.

(Business Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to allow for retail, commercial, high density residential and restricted service and light industrial uses,

• (b)

  to control land use location and character within the commercial area by development control plans, and

• (c)

  to define the main area for business and commercial activity within the City of Grafton.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose specified in item 4.

4Prohibited

Agriculture; animal establishments; brothels; bus depots; cluster development; extractive industries; gas holders; generating works; industries (other than light industries or those ancillary or complementary to commercial premises); junk yards; liquid fuel depots; mines; recreation establishments; road transport terminals; restricted premises; sawmills.

(Special Development Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to provide for the establishment of service industries which would benefit from being easily accessible to potential customers,

• (b)

  to provide an opportunity for a mix of commercial and service industry development, compatible with the existing uses in the zone, and

• (c)

  to establish a business and commercial area catering for a broad range of less intensive business, light industrial and commercial activities.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose specified in item 4.

4Prohibited

Aerodromes; airline terminals; brothels; bulk stores; caravan parks; generating works; heliports; hospitals, junk yards, liquid fuel depots; mines; offensive or hazardous industries; recreation establishments; road transport terminals; sawmills; schools.

(Industrial Zone)1Objectives of zone

The objective of this zone is to provide land for general industrial uses, ancillary retail uses, brothels and service industries unsuited to other areas.

2Without development consent

Nil.

3Only with development consent

Any purpose other than a purpose specified in item 4.

4Prohibited

Boarding-houses; caravan parks; commercial premises (other than those used in conjunction with and situated on the same land as an industry or those referred to in Schedule 2); dwelling-houses and residential flat buildings (other than ancillary dwellings situated on the same land as an industry); roadside stalls; shops (other than those referred to in Schedule 2).

(Special Uses (Public Purposes) Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to designated lands for public purposes, and

• (b)

  to allow the use of these sites for other community purposes compatible with surrounding areas to allow for increased economical use of community facilities.

2Without development consent

Nil.

3Only with development consent

The particular purpose indicated by black lettering on the map or any purpose ordinarily incidental to the indicated purpose; community purposes; utility installations.

4Prohibited

Any purpose other than a purpose specified in item 3.

(Special Uses (Railways) Zone)1Objectives of zone

The objective of this zone is to identify land required for the provision of railway services.

2Without development consent

Railway purposes (including any purpose authorised under the Government Railways Act 1912).

3Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4Prohibited

Brothels.

(Public Recreation Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to identify land which is used or intended for use for the purposes of open space or public or recreation, and

• (b)

  to allow for alternative uses of these sites for community purposes compatible with surrounding areas to allow for increased economical use of community facilities.

2Without development consent

Works for the purposes of landscaping, gardening and bushfire hazard reduction.

3Only with development consent

Ancillary dwellings; buildings for the purposes of landscaping; community purposes: racecourses; recreation areas; recreation facilities; restaurants; roads; showgrounds; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose specified in item 2 or 3.

(Recreation (Special Purposes) Zone)1Objectives of zone

The objectives of this zone are:

• (a)

  to identify land, whether in public or private ownership, which is used for open space or recreational purposes which are generally of a tourist oriented or commercial recreation type of facility, and

• (b)

  to allow for alternative uses of these sites for community purposes compatible with surrounding areas to allow for increased economical use of community facilities.

2Without development consent

Works for the purposes of landscaping, gardening or bushfire hazard reduction.

3Only with development consent

Ancillary dwellings; caravan parks; cemeteries; clubs; community purposes; racecourses; recreation areas; recreation facilities; restaurants; roads; tourist facilities; utility installations (other than gas holders or generating works).

4Prohibited

Any purpose other than a purpose specified in item 2 or 3.

(National Parks and Nature Reserve Zone)1Objectives of zone

The objective of this zone is to identify those lands included in national parks, nature reserves, Aboriginal areas and state recreation areas within the meaning of the National Parks and Wildlife Act 1974.

2Without development consent

Any purpose authorised by or under the National Parks and Wildlife Act 1974.

3Only with development consent

Nil.

4Prohibited

Any purpose other than a purpose specified in item 2.

(Roads (Proposed Arterial Road Reservation) Zone)1Objectives of zone

The objective of this zone is to set aside certain land (being land that the Department of Main Roads proposes to acquire) for the purposes of arterial or main roads.

2Without development consent

Agriculture (other than ancillary dwellings and intensive animal husbandry); arterial roads.

3Only with development consent

Any purpose other than a purpose specified in item 2 or 4.

4Prohibited

Brothels.

9AWhat is exempt and complying development?(1)

Development of minimal environmental impact is, despite any other provision of this plan, exempt development if the development is listed as exempt development in the applicable exempt and complying development control plan.

(2)

Development is complying development if:

• (a)

  it is listed as complying development in the applicable exempt and complying development control plan, and

• (b)

  it is local development of a kind that can be carried out with consent on the land on which it is proposed, and

• (c)

  it is not an existing use, as defined in section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements that are applied to the development by the applicable exempt and complying development control plan.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in the applicable exempt and complying development control plan, as in force when the certificate is issued.

Part 3Special provisions10Subdivision of land generally

A person shall not subdivide land to which this plan applies except with the consent of the Council.

11Subdivision in rural Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (e)(1)

This clause applies to land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (e).

(2)

The Council shall not grant consent to the subdivision of land to which this clause applies which creates an allotment having an area of less than:

• (a)

  in the case of land within Zone No 1 (a), 1 (d) or 1 (e)—10 hectares,)

• (b)

  in the case of land within Zone No 1 (b)—1.5 hectares, or

• (c)

  in the case of land within Zone No 1 (c)—4 000 square metres.

(3)

The Council may consent to the subdivision of land to which this clause applies that does not comply with the requirements of subclause (2) provided that the subdivision is for a purpose permitted in the zone (with the exception of a dwelling-house).

(4)

The Council shall not consent to the creation of an allotment under subclause (3) unless:

• (a)

  the proposed allotment can be shown to be capable of supporting commercially and independently the proposed use, and

• (b)

  the proposed allotment has frontage to an all-weather road with all-weather road access to the nearest commercial centre.

(5)

The Council shall not grant consent to the subdivision of land, to which this clause applies unless the ratio of frontage to depth is to the Council’s satisfaction, having regard to the future potential of the land.

12Subdivision for the purposes of a dwelling-house in Zone No 1 (a), 1 (b), 1 (c) or 1 (e)(1)

This clause applies to land within Zone No 1 (a), 1 (b), 1 (c) or 1 (e).

(2)

The Council shall not approve of a subdivision creating an allotment (for the purposes of erecting a dwelling-house) with an area of 10 hectares or greater within Zone No 1 (a), 1 (b), 1 (c) or 1 (e) unless:

• (a)

  the location of the dwelling-house will not affect the future potential of the land and is satisfactory for effluent disposal purposes,

• (b)

  if the allotment has frontage to a main road—frontage to that road is not less than 200 metres,

• (c)

  there is provision of an adequate water and electricity supply, and

• (d)

  the allotment has frontage to an all-weather road with all-weather road access to the nearest commercial centre.

(3)

The Council shall not approve of a subdivision creating an allotment (for the purposes of erecting a dwelling-house) with an area greater than 1.5 hectares and less than 10 hectares within Zone No 1 (b) or 1 (c) unless:

• (a)

  the location of the dwelling-house will not affect the future potential of the land and is satisfactory for effluent disposal purposes,

• (b)

  there is an adequate electricity supply servicing each site,

• (c)

  there is a reticulated water system servicing each site,

• (d)

  there is no direct access to an arterial or main road, and

• (e)

  the allotment has frontage to an all-weather road with all-weather road access to the nearest commercial centre.

(4)

The Council shall not approve of a subdivision creating an allotment (for the purposes of erecting a dwelling-house) on an allotment with an area greater than 4 000 square metres and less than 1.5 hectares within Zone No 1 (c) unless:

• (a)

  the location of the dwelling-house will not affect the future potential of the land and is satisfactory for effluent disposal purposes,

• (b)

  there is a reticulated water system serving each site,

• (c)

  there is an adequate electricity supply to each site,

• (d)

  there is frontage to a sealed public road with a sealed road access to the nearest commercial centre,

• (e)

  there is no direct access to an arterial or main road, and

• (f)

  adequate arrangements exist for connection of each allotment to the Council’s sewerage system or, where impracticable, alternative effluent disposal is provided to the Council’s satisfaction.

(5)

The Council may not approve of the erection of a dwelling-house on an allotment having frontage to a main road and to which access is off that main road unless such frontage to the main road is at least 200 metres.

13Dwelling-houses in Zone No 1 (a), 1 (b), 1 (c) or 1 (e)(1)

This clause applies to land in Zone No 1 (a), 1 (b), 1 (c) or 1 (e).

(2)

The Council shall not approve of the erection of a dwelling-house on an allotment of land to which this clause applies unless that allotment complies with the requirements of clauses 11 and 12.

(3)

Notwithstanding subclause (2), a dwelling-house may erected with the Council’s approval on an allotment of land that was lawfully created or approved by the Council prior to the appointed day and upon which a dwelling-house may have been lawfully erected immediately prior to the appointed day.

14Ancillary dwellings

The Council shall not consent to an application to erect an ancillary dwelling to be used in conjunction with a purpose to which land may be put unless, in the opinion of the Council:

• (a)

  the use of the dwelling will be ancillary to the purpose to which the land is put,

• (b)

  the purpose to which the allotment is put may not be fully realised without the presence on that land of such a dwelling,

• (c)

  the purpose is lawfully approved and has commenced operation prior to the erection of the dwelling, and

• (d)

  (Repealed)

15Suspension of certain laws etc(1)

For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with a consent granted under the Act, any agreement, covenant or instrument imposing restrictions as to the erection or use of buildings for certain purposes or as to the use of land for certain purposes, to the extent necessary to serve that purpose, shall not apply to development carried out in accordance with this plan.

(2)

Pursuant to section 28 of the Act, before the making of this clause the Governor approved of subclause (1).

16Community use of facilities on land in Zone No 5 (a), 5 (b), 6 (a) or 6 (b)(1)

This clause applies to land in Zone No 5 (a), 5 (b), 6 (a), or 6 (b).

(2)

The land to which this clause applies, and any buildings or facilities on that land, may be used, with the Council’s consent, for community purposes, whether or not such use is a commercial use of the land.

16AAdditional matters for consideration for development in open space zones

In determining an application for consent to carry out development on land zoned 6 (a) or 6 (b), the Council is to take the following matters into consideration:

• (a)

  the need for the proposed development on the land,

• (b)

  the impact of the proposed development on the existing or likely future use and character of the land,

• (c)

  whether any proposed building will be secondary and complementary to the existing or proposed use of the land as public open space,

• (d)

  whether the proposal will substantially diminish public use of and access to open space,

• (e)

  whether the proposal is compatible with adjacent uses in relation to its height, bulk and noise generation and any other aspects that might conflict with surrounding land uses, and

• (f)

  whether the proposal is consistent with a plan of management applying to the land under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993.

17Retailing of bulky goods in Zone No 4 (a)(1)

This clause applies to land in Zone No 4 (a).

(2)

In this clause, bulky goods means large goods which are, in the opinion of the Council, of such a size and shape as to require:

• (a)

  a large area for handling, storage or display, and

• (b)

  easy and direct vehicular access to enable the goods to be collected by customers after sale.

(3)

Subject to subclauses (4) and (5), nothing in this plan shall prevent a person, with the consent of the Council, from carrying out development for the purposes of the retail sale of bulky goods on land to which this clause applies.

(4)

The Council shall not consent to an application to carry out development referred to in subclause (3) unless it is satisfied that:

• (a)

  suitable land for the development is not available in any nearby business centre,

• (b)

  to grant consent would not, by reason of the number of retail outlets which exist or are proposed on land within Zone No 4 (a), defeat the predominantly industrial nature of the zone, and

• (c)

  the proposed development will not detrimentally affect the viability of any business centre.

(5)

This clause does not apply to development for the purposes of shops selling food or clothing.

18Development of land on adjoining boundaries(1)

This clause applies to land within 50 metres of a boundary between any 2 zones, except Zone No 1 (d) and except if the land is separated from the zone boundary by a road.

(2)

Subject to subclause (3), development may, with the consent of the Council, be carried out on land to which this clause applies for any purpose for which development may be carried out in any adjoining zone, having regard to the development standards that apply within the adjoining zone.

(3)

The Council shall not consent to development referred to in subclause (2) unless, in the opinion of the Council, the carrying out of the development is desirable due to design, ownership, servicing or similar requirements relating to the optimum development of land to which this clause applies.

19

(Repealed)

20Development of land shown uncoloured on the map

A person shall not carry out development on any land shown uncoloured on the map without the consent of the Council.

21Flooding(1)

The objectives of this clause are:

• (a)

  to minimise future potential flood damage by ensuring that only flood compatible development occurs on flood liable land, and

• (b)

  to minimise the adverse effect of flooding on the community.

(2)

The Council must not grant consent to development on land that, in the Council’s opinion, is likely to be subject to flooding unless it has considered the following matters:

• (a)

  the extent and nature of the flooding hazard affecting the land,

• (b)

  whether the development would increase the risk or severity of flooding of other land in the vicinity,

• (c)

  whether the risk of severity of flooding affecting the development could be reasonably mitigated,

• (d)

  the impact of the development on emergency services associated with a flood emergency,

• (e)

  the provisions of any relevant development control plan that is approved by the Council and contains provisions affecting development on flood liable land.

22Development for the purpose of advertisements(1)

Development for the purpose of an advertisement described in the Table to this clause may be carried out without development consent, but only in accordance with the conditions (if any) imposed by that Table.

(2)

Development for the purpose of an advertisement may be carried out only with consent if it is not permitted without consent and is not prohibited by this clause.

(3)

Despite any other provision of this plan, development may be carried out with consent on any land for the purpose of an advertisement that directs the travelling public to a specific tourist facility or place of scientific, historic or scenic interest, if the Council is satisfied that:

• (a)

  the principal purpose of the advertisement is to direct the travelling public to that building or place, and

• (b)

  the dimensions and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public.

(4)

Development for the purpose of an advertisement on land within a Rural or Open Space zone is prohibited if it is not permitted without consent by subclause (1) or with consent by subclause (3).

(5)

The use of public land to display an advertisement for a commercial purpose on a trailer is prohibited. This subclause does not apply to a trailer attached to a motor vehicle while the vehicle and trailer are otherwise lawfully on the carriageway of a public street.

(6)

In this clause:

area of an advertisement in the form of a sign means:

• (a)

  for a sign with only one side occupied by the matter displayed, the area within the outline of that sign, or

• (b)

  for a sign with two sides occupied by the matter displayed, the area within the outline of that sign or, where one side is larger than the other, the area within the outline of the larger side, or

• (c)

  for any other sign, one third of the total surface area of the sign.

tourist facility means an establishment providing holiday accommodation or recreational facilities, or both, on a short-term use basis, and may include:

• (a)

  hotels, motels, bed and breakfast accommodation, serviced apartments, holiday cabins, caravan parks, camping grounds, houseboats, and associated swimming pools, golf courses, tennis courts and marinas, and

• (b)

  restaurants, and

• (c)

  souvenir shops, arts and craft galleries and exhibition centres, and

• (d)

  a club used in conjunction with a recreational facility.

TableAdvertisements allowed without consent

Description of advertisement

Conditions to be met

Advertisement within a site

being an advertisement which is not visible from outside the site on which it is displayed.

Such an advertisement must not be displayed on a heritage item or on a site within a heritage conservation area.

Advertisement on a motor vehicle used principally for conveying goods or passengers

Such an advertisement may be displayed only if:

• (a)

  the advertisement is an integral part of the vehicle, and

• (b)

  the vehicle can be moved lawfully with the advertisement in place, and

• (c)

  the vehicle is not standing unattended on public land only for the purpose of displaying the advertisement.

Business identification sign

being an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed:

• (a)

  the identity or a description of the place or premises,

• (b)

  the identity or a description of any person residing or carrying on an occupation at the place or premises,

• (c)

  particulars of any occupation carried on at the place or premises,

• (d)

  such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

• (e)

  particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

• (f)

  particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

• (g)

  particulars of any activities held or to be held at the place or premises,

• (h)

  a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

When displayed within Zone No 2 (a), such a sign:

• (a)

  must not be displayed on a heritage item, and

• (b)

  must not exceed 0.75 square metres in area.

When displayed within Zone No 3 (a) or 3 (b), such a sign must not be displayed on a heritage item and:

• (a)

  if there is no awning on the premises, there may be one or more such signs, but none is to extend more than 4.6 metres above ground level or above the level of the bottom of the first floor window (whichever is lower) and not more than 50% of the area of a shopfront is to be covered by such signs, or

• (b)

  if there is an awning attached to the premises, there may be:

  • •

    one or more such signs below the level of the awning, and

  • •

    not more than one such sign on an awning, and

  • •

    not more than one suspended under-awning sign or projecting wall sign for each 3 metres of the length of a shopfront, each of which must not exceed 2.5 metres in length or 0.5 metres in height and no part of which is to be less than 2.6 metres above ground level.

When displayed within Zone No 4 (a), such a sign is not to exceed 10 square metres in area, except when displayed for small shops and other premises (such as banks) that serve the daily needs of persons living or employed within the industrial area. When displayed pursuant to this exception, the conditions for the display of such a sign applying to land within Zone No 4 (a) apply.

Such a sign must not be displayed without consent on any other land.

Advertisement displaying a message changed from that displayed by a previously lawful advertisement.

Such an advertisement may be displayed within any zone.

Public notice

being a notice for public information displayed by a public authority giving information or direction about services provided

Such a notice may be displayed within any zone.

Real estate sign

being an advertisement that contains only a notice that the place or premises to which it is fixed is or are for sale or letting (together with particulars of the sale or letting) and that is not displayed for more than 14 days after the letting or completion of the sale.

Such a sign may be displayed within any zone.

Such a sign relating to the letting or the sale by private treaty or auction of residential or rural premises:

• (a)

  must not exceed 2.5 square metres in area, and

• (b)

  must not have any returns exceeding 180 millimetres.

Such a sign relating to commercial or industrial premises must not exceed 4.5 square metres in area.

Sign behind the glass line of a shop window

Such a sign may be displayed within any zone.

Temporary sign

being an advertisement of a temporary nature that:

• (a)

  announces any event of local importance only of a religious, educational, cultural, political, social or recreational character or relates to any temporary matter in connection with such an event, and

• (b)

  does not include advertising of a commercial nature (except for name or names of the sponsor or sponsors of an event).

Temporary signs may consist of advertisements in the form of banners, bunting, posters, inflatable structures and similar things.

Such a sign may be displayed within any zone.

Such a sign:

• (a)

  must not be displayed earlier than 28 days before the event to which it relates is to take place,

• (b)

  must be removed within 14 after that event.

23Dual occupancy(1)

This clause applies to land in Zone No 1 (a), 1 (b), 1 (c) or 2 (a).

(2)

If development for the purposes of a dwelling-house may be carried out on an allotment of land to which this plan applies, a person may, with the consent of the Council, on land to which this clause applies:

• (a)

  if there is an existing dwelling-house, erect a second dwelling-house or alter or add to the existing dwelling-house so as to create 2 dwellings, or

• (b)

  if there is not a dwelling-house, erect 2 dwelling-houses whether attached or not, so as to create 2 dwellings which comply with the provisions of this clause.

(3)

Development on land to which this clause applies shall only be carried out if the second dwelling does not have a floor space area exceeding 50 square metres.

(4)

The area occupied by a garage or carport shall not be taken into account when calculating floor space area.

(5)

The provisions of this plan relating to residential flat buildings do not apply to a dwelling-house erected, altered or added to, or proposed to be erected, altered or added to, pursuant to this clause.

(6)

In the case of development for the purposes of detached dwelling-houses to be carried out in Zone No 1 (a), 1 (b) or 1 (c), development shall not be carried out in accordance with this clause unless each dwelling to be erected or created:

• (a)

  is located in close proximity to the other,

• (b)

  shares vehicular access to a sealed road fronting the land, and

• (c)

  is serviced by reticulated water.

(7)

Where development is carried out on land under this clause, the Council shall not issue a certificate of approval of a proposed strata plan (within the meaning of the Strata Titles Act 1973) in respect of that land.

24Provision of services(1)

The Council shall not approve of development in Zone No 2 (a), 3 (b), 4 (a), 5 (a), 5 (b), 6 (a) or 6 (b) unless reticulated water, sewerage and electricity services are provided, except where provision of those services is considered impracticable or unnecessary by the Council.

(2)

Notwithstanding subclause (1), the Council may not approve of a development application for the purposes of a caravan park unless it is serviced by reticulated water and sewerage services.

25Acquisition of land(1)

This clause applies to land in Zone No 6 (a) or 9 (a).

(2)

The owner of any land within a zone specified in Column 1 of the Table to this subclause may, by notice in writing, require the public authority specified in Column 2 of the Table opposite that zone to acquire that land.

Column 1	Column 2
Zone No 6 (a) (Public Recreation Zone)	Council
Zone No 9 (a) (Roads (Proposed Arterial Road Reservation) Zone)	Commissioner for Main Roads

(3)

Upon receipt of a notice referred to in subclause (2), the public authority concerned shall, subject to subclause (4), acquire that land.

(4)

The Council shall only be required to acquire the land, the subject of a notice referred to in subclause (2), if the land is not required to be dedicated to the Council as a condition of an existing development consent or subdivision approval.

26Use of land pending acquisition(1)

Land to which clause 25 applies may be developed for any purpose, with the consent of the Council, prior to its acquisition by the public authority concerned.

(2)

(Repealed)

(3)

In determining whether to grant consent under subclause (1), the Council must take into consideration:

• (a)

  the effect of the proposed development on the costs of acquisition,

• (b)

  the costs of reinstatement of the land for the purposes for which the land is to be acquired, and

• (c)

  the imminence of acquisition.

27Development along arterial roads

A person shall not carry out development for any purpose (other than a purpose specified in Schedule 3) on land within Zone No 1 (a), 1 (b), 1 (c), 1 (d) or 1 (e) which is within 200 metres of an arterial road if any form of direct vehicular access is gained from that road.

28Heritage conservationNote—

The location and nature of any heritage item is described in Schedule 1.

(1)

The objectives of this clause are as follows:

• (a)

  to conserve the environmental heritage of Grafton, South Grafton and Swan Creek,

• (b)

  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

• (c)

  to conserve archaeological sites,

• (d)

  to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2)

Development consent is required for any of the following:

• (a)

  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance):

  • (i)

    a heritage item,

  • (ii)

    an Aboriginal object,

  • (iii)

    a building, work, relic or tree within a heritage conservation area,

• (b)

  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 1 in relation to the item,

• (c)

  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

• (d)

  disturbing or excavating an Aboriginal place of heritage significance,

• (e)

  erecting a building on land:

  • (i)

    on which a heritage item is located or that is within a heritage conservation area, or

  • (ii)

    on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

• (f)

  subdividing land:

  • (i)

    on which a heritage item is located or that is within a heritage conservation area, or

  • (ii)

    on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3)

However, development consent under this clause is not required if:

• (a)

  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development:

  • (i)

    is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

  • (ii)

    would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

• (b)

  the development is in a cemetery or burial ground and the proposed development:

  • (i)

    is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

  • (ii)

    would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

• (c)

  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

• (d)

  the development is exempt development.

(4)

The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5)

The consent authority may, before granting consent to any development:

• (a)

  on land on which a heritage item is located, or

• (b)

  on land that is within a heritage conservation area, or

• (c)

  on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6)

The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7)

The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies):

• (a)

  notify the Heritage Council of its intention to grant consent, and

• (b)

  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8)

The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance:

• (a)

  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

• (b)

  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9)

The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item:

• (a)

  notify the Heritage Council about the application, and

• (b)

  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10)

The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this plan, if the consent authority is satisfied that:

• (a)

  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

• (b)

  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

• (c)

  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

• (d)

  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

• (e)

  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

29–32

(Repealed)

33Temporary use of land

Notwithstanding any other provision of this plan, the Council may grant consent to development for any purpose for a maximum period of 28 days, whether consecutive or non-consecutive, in any one year, if the Council is satisfied that the proposed use is compatible with the objectives of the zone in which it is located.

34Animal establishments within Zone No 2 (a) at North Grafton(1)

This clause applies to land at North Grafton being land north of the Clarence River within Zone No 2 (a).

(2)

Despite clause 9, the Council may grant consent to the carrying out of development on land to which this clause applies for the purposes of animal establishments.

(3)

The Council may not grant consent to an application to carry out development referred to in subclause (2) unless:

• (a)

  it is satisfied that the development will not conflict with the objectives of Zone No 2 (a), and

• (b)

  the proposed development has been advertised for public comment in accordance with clause 19.

35

(Repealed)

36Development for certain additional purposes(1)

Nothing in this plan prevents a person, with the consent of the Council, from carrying out development on land referred to in Schedule 4 for a purpose specified in relation to that land in that Schedule, subject to such conditions, if any, as are so specified.

(2)

Subclause (1) does not affect the application to or in respect of development to which that subclause applies of such of the provisions of this plan as are not inconsistent with that subclause or with a consent granted by the Council in respect of the development.

37Land in Powell Street, Grafton—restriction on residential development(1)

This clause applies to land being Lot 1, DP 774024, Section 111, and to an extension of Breimba Street, Grafton, as shown by distinctive colouring, edging and lettering on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 11)” deposited in the office of the Council.

(2)

A person must not, on land to which this clause applies, carry out residential development to the east of the crest (as determined for the time being by the Council) of the levee situated on that land.

38Classification and reclassification of public land as operational land(1)

The public land described in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to this clause.

(2)

The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to land described in Part 1 of Schedule 5.

(3)

Land described in Part 2 of Schedule 5:

• (a)

  to the extent (if any) that the land is a public reserve, does not cease to be a public reserve, and

• (b)

  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants by which it was affected before its classification, or reclassification, as operational land.

(4)

Land described in Columns 1 and 2 of Part 3 of Schedule 5, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 5.

(5)

In this clause, the relevant amending plan, in relation to land described in Part 3 of Schedule 5, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(6)

Before the relevant amending plan inserted the description of land into Part 3 of Schedule 5, the Governor approved of subclause (4) applying to the land.

38AClassification and reclassification of public land as community land

The public land described in Schedule 6 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

39Land at the corner of Bent and Ryan Streets—restriction on development(1)

This clause applies to land being Lots 10, 11 and 12, DP 758914, corner Bent and Ryan Streets, South Grafton, as shown by distinctive colouring and edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 23)” deposited in the office of the Council.

(2)

Consent must not be granted for development on land to which this clause applies unless the Council is satisfied that there will not be an adverse impact on local drainage or flooding characteristics.

40Development on land identified on Acid Sulfate Soils Planning Map(1)

A person must not, without the consent of the Council, carry out works described in the following table on land of the class specified for those works, except as provided by subclauses (3), (6) and (8).

Class of land as shown on Acid Sulfate Soils Planning Map

Work

1

Any works

2

Works below natural ground surface

Works by which the watertable is likely to be lowered

3

Works beyond 1 metre below natural ground surface

Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface

4

Works beyond 2 metres below natural ground surface

Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface

5

Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land

(2)

For the purposes of the table to subclause (1), works include:

• (a)

  any disturbance of more than one (1) tonne of soil including but not limited to agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial waterbodies (including canals, dams and detention basins) or foundations, or flood mitigation works, or

• (b)

  any other works that are likely to lower the watertable including but not limited to new drainage work or deepening of existing drains, use of groundwater (including ground bores, wells and ground dewatering), dewatering of dams, wetlands or quarries, dredging works lowering the bed of a river, or the like.

(3)

This clause does not require consent for the carrying out of those works if:

• (a)

  a copy of a preliminary assessment of the proposed works undertaken in accordance with the Acid Sulfate Soils Assessment Guidelines has been given to the Council, and

• (b)

  the Council has provided written advice to the person proposing to carry out works confirming that results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soils Assessment Guidelines.

(4)

The council must not grant development consent required by this clause unless it has considered:

• (a)

  the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soils Assessment Guidelines, and

• (b)

  the likelihood of the proposed development resulting in the discharge of acid water, and

• (c)

  (Repealed)

(5)

This clause requires consent for development to be carried out by councils, county councils or drainage unions despite:

• (a)

  clause 35 and items 2 and 11 of Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980, as adopted by Clause 6 of this Plan, and

• (b)

  clause 10 of State Environmental Planning Policy No 4—Development Without Consent.

(6)

Notwithstanding the provisions of subclause (5), the following types of development may be carried out without consent by the Council or a county council:

• (a)

  development consisting of emergency work,

• (b)

  development consisting of routine maintenance, and

• (c)

  development consisting of minor work,

and development ancillary to that development, such as the carrying out of excavation work, the construction of accessways and the provision of power supplies.

(7)

Where the Council or a county council carries out development described in subclause (6) and encounters, or is reasonably likely to encounter, acid sulfate soils, the Council or county council shall properly deal with those soils in accordance with the Acid Sulfate Soils Management Guidelines so as to minimise the actual or potential impact to the environment arising from disturbance of the soils.

(8)

Subclause (1) does not apply to works carried out on land shown as Class 1, 2, 3, 4 or 5 on the Acid Sulfate Soils Planning Map for the purpose of agriculture (including but not limited to drains, land levelling, dams, road works, or the like) provided that:

• (a)

  a Production Area Entitlement with the NSW Sugar Milling Cooperative Ltd applies to the land at the time of carrying out the works,

• (b)

  the works are carried out in accordance with a drainage management plan lodged with and endorsed by the NSW Sugar Milling Cooperative Ltd,

• (c)

  the drainage management plan has been prepared in accordance with the NSW Sugar Industry Best Practice Guidelines and a copy of the drainage management plan has been lodged with Council’s Director of Planning and Environmental Services,

• (d)

  the NSW Sugar Industry Best Practice Guidelines have been approved by the Director-General of the Department of Urban Affairs and Planning in consultation with the Acid Sulfate Soils Management Advisory Committee and the Department of Agriculture and have been adopted by Council,

• (e)

  the works are not carried out in respect of any drain under the control of a county council,

• (f)

  Council’s Director of Planning and Environmental Services has been notified, in writing, of proposed works at least 7 days prior to commencement of those works,

• (g)

  Council’s Director of Planning and Environmental Services has not issued any notice requiring that the works cease or that development consent be obtained prior to the carrying out of works, and

• (h)

  an annual audit of drainage management plans and works referred to in this subclause is carried out to the satisfaction of Council’s Director of Planning and Environmental Services.

(9)

In this clause:

county council has the meaning as in the Local Government Act 1993.

emergency work means the repair or replacement of any part of the Council’s works or the works of a county council:

• (a)

  because it has been (or is being) damaged by a natural disaster, an accident, an act of vandalism or a like occurrence, or

• (b)

  because it has ceased to function or suddenly ceased to function adequately,

and includes work reasonably necessary to prevent or limit any further damage or malfunction.

routine maintenance means the periodic inspection, cleaning, repair and replacement of the Council’s works or the works of a county council, but does not include work that would result in an increase in the design capacity of any part of those works or necessitate the deepening of an existing works capacity, except where one tonne, or less, of soils is disturbed.

minor work means new work affected by the Council or a county council but not drainage work, which has a value not greater than $20,000.

41Land in Kirchner Street, Grafton—restrictions on development(1)

This clause applies to land being Lot 12 DP 849490, Kirchner Street, Grafton as shown by distinctive colouring and edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 27)” deposited in the office of the Council.

(2)

Consent must not be granted for development on land to which this clause applies unless the Council is satisfied that:

• (a)

  the land does not contain chemical residues in soil exceeding the acceptable thresholds for residential habitation of that land, and

• (b)

  a continuous corridor of land at least 50 metres wide has been identified for use for the general public to gain access across the subject land to the Clarence River, and

• (c)

  arrangements are in place to revegetate that corridor of land with suitable endemic riparian vegetation, and

• (d)

  any residential development will be located at least 400 metres from any sewage treatment works.

42Land in North Street, Grafton—restrictions on development(1)

This clause applies to land being Lot 46 DP 751371 and Lots 1 and 2 DP 799823, 362 North Street, Grafton, as shown by distinctive colouring and edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 28)” deposited in the office of the Council.

(2)

Consent must not be granted for development of land to which this clause applies unless the Council is satisfied that:

• (a)

  the land does not contain chemical residues in soil exceeding the acceptable thresholds for residential habitation of that land, and

• (b)

  any dwelling-houses on the land will be located no closer than 20 metres to the boundary of the land where it adjoins the Carr Street road reserve and that the use of land within the 20 metre setback will be compatible with the use of adjacent agricultural land, and

• (c)

  stormwater generated by residential development on the land will be managed and treated on-site to limit the impacts of flow and pollutants on the local and downstream environment to pre-development levels consistent with the Stormwater Management Plan adopted by the Council, and

• (d)

  the potential for dust nuisance from nearby unsealed roads will be mitigated.

43Land in Clarence and Hoof Streets, Grafton—restrictions on development(1)

This clause applies to land being Lot 2, DP 1020592, Lot 60, DP 1037049, part of Lot 5, DP 1035702 and parts of Lots 1–4, DP 871488, Clarence and Hoof Streets, Grafton, as shown by distinctive colouring and edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 29)” deposited in the office of the Council of the City of Grafton.

(2)

Consent must not be granted for development on land to which this clause applies unless:

• (a)

  the Council is satisfied that:

  • (i)

    the land does not contain chemical residues in soil exceeding the acceptable thresholds for residential habitation of that land, and

  • (ii)

    stormwater generated by residential development on the land will be managed and treated to limit impacts of flow and pollutants on the local and downstream environment to pre-development levels consistent with the Council’s Stormwater Management Plan as adopted in March 2000, and

  • (iii)

    arrangements are in place to revegetate land associated with stormwater management with suitable endemic vegetation, and

  • (iv)

    filling or regrading works do not reduce the area below RL 4.2m AHD available for storage of stormwater flooding as existed during March 1974, and

  • (v)

    arrangements are in place for any levee relocation work to be completed to the satisfaction of the Clarence River County Council, and

• (b)

  the Council has considered whether any land required for stormwater management needs to be acquired by the Council by dedication or otherwise.

44Land in Crown Street, Grafton—restriction on development(1)

This clause applies to land being part of Lot 292, DP 739341, Crown Street, Grafton, as shown edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 38)” deposited in the office of the Council.

(2)

Consent must not be granted for development on land to which this clause applies unless the Council is satisfied that filling or regrading works do not reduce the area below RL 4.2 m AHD available for storage of stormwater flooding as existed during March 1974.

45Development of certain land at Clarenza(1)

This clause applies to land generally bounded by Alipou Creek, the Pacific Highway, Centenary Drive, Duncans Road and the Pacific Highway, Clarenza, as shown edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 44)”.

(2)

The objective of this clause is to ensure that development as a new urban village occurs in accordance with a development control plan that has been prepared for the land.

(3)

Development consent must not be granted for the subdivision of land to which this clause applies unless a development control plan that provides for the matters specified in subclause (4) has been prepared for the land.

(4)

A development control plan must provide for all of the following:

• (a)

  a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,

• (b)

  an overall transport movement hierarchy showing the major circulation routes for the Pacific Highway and local roads and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

• (c)

  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

• (d)

  a network of passive and active recreational areas, consistent with Lifestyle Grafton: Grafton City Open Space Plan, adopted by the Council on 18 May 2004,

• (e)

  water cycle management, including water supply, recycled water, stormwater and water quality management controls,

• (f)

  amelioration of natural, environmental and land use hazards, including bush fire, flooding from the Clarence River and Alipou Creek, site contamination, the Clarenza Sewage Treatment Works and high voltage electricity transmission lines,

Dwelling	2 Oliver Street	Lot 1, DP 1044225	Local
Grafton	Dwelling (“Lowestoft”)	3 Oliver Street	Lot 1, DP 782997	Local
Grafton	Dwelling (“Rosebank”)	6 Oliver Street	Lot B, DP 158039	Local
Grafton	Dwelling	27 Oliver Street	Lot 1, DP 782970	Local
Grafton	Dwelling	29 Oliver Street	Lot 1, DP 738636	Local
Grafton	Dwelling (former Presbyterian manse)	111 Oliver Street	Lot 12, DP 1079850	Local
Grafton	St Andrew’s Presbyterian Church	116 Oliver Street	Lot 11, DP 1079850	Local
Grafton	Dwelling	139 Oliver Street	Lot 1, DP 1054094	Local
Grafton	Dwelling (group value)	141 Oliver Street	Lot 1, DP 743220	Local
Grafton	Dwelling	143 Oliver Street	Lot 1, DP 998361	Local
Grafton	Dwelling	146 Oliver Street	Lot 3, DP 358440	Local
Grafton	Theatre (“The Criterion”)	149 Oliver Street	Lot 1, DP 978009	Local
Grafton	Dwelling	151 Oliver Street	Lot 2, DP 978009	Local
Grafton	Dwelling (group value)	153 Oliver Street	Lot B, DP 162186	Local
Grafton	Dwelling (group value)	155 Oliver Street	Lot A, DP 162186	Local
Grafton	Baptist Church	158 Oliver Street	Lot 11, DP 758470	Local
Grafton	Dwelling (“Telarah”)	289 Oliver Street	Lot 1, DP 657317	Local
Grafton	Dwelling	27 Orara Street	Lot 101, DP 1146480	Local
Grafton	Grafton railway viaduct	Pound Street	Road reserve	Local
Grafton	King George V plaque	Pound Street	Road reserve	Local
Grafton	Volckers Memorial	Pound Street	Road reserve	Local
Grafton	Dwelling	1 Pound Street	Lot 1, DP 12717	Local
Grafton	Dwelling	4 Pound Street	Lot 1, DP 782845	Local
Grafton	Dwelling (“Clarenden”)	13 Pound Street	Lot 1, DP 817474	Local
Grafton	Dwelling	14 Pound Street	Lot 4, DP 781258	Local
Grafton	Dwelling	31 Pound Street	Lot 4, DP 783118	Local
Grafton	Educational establishment (“Dunvegan”)	47 Pound Street	Lot 100, DP 851143	Local
Grafton	Dwelling (group value)	155 Pound Street	Lot 1, DP 781239	Local
Grafton	Dwellings	156–158 Pound Street	Lot 1, DP 57863	Local
Grafton	Dwelling (group value)	157 Pound Street	Lot 1, DP 199617	Local
Grafton	Dwelling (group value)	159 Pound Street	Lot 1, DP 779252	Local
Grafton	Dwelling (group value)	163 Pound Street	Lot 1, DP 784461	Local
Grafton	Dwelling	164 Pound Street	Lot 41, DP 1026114	Local
Grafton	Dwelling (group value)	166 Pound Street	Lot 40, DP 1026114	Local
Grafton	Dwelling	172 Pound Street	Lot 1, DP 196956	Local
Grafton	Dwellings	174–178 Pound Street	Lot 5, DP 1087138	Local
Grafton	Dwelling (group value)	180 Pound Street	Lot 2, DP 308064	Local
Grafton	Dwelling (group value)	182 Pound Street	Lot 1, DP 308064	Local
Grafton	Dwelling (group value)	187 Pound Street	Lot 2, DP 306806	Local
Grafton	Dwelling (group value)	189 Pound Street	Lot 31, DP 1035413	Local
Grafton	Dwelling (group value)	191 Pound Street	Lot 30, DP 1035413	Local
Grafton	Dwelling (group value)	193 Pound Street	Lot 1, DP 196392	Local
Grafton	Dwelling	194 Pound Street	Lot 6A, DP 392434	Local
Grafton	Dwelling (group value)	197 Pound Street	Lot 1, DP 7452794	Local
Grafton	Dwelling (group value)	199 Pound Street	Lot 1, DP 197539	Local
Grafton	Dwelling (group value)	200 Pound Street	Lot 4, DP 6476	Local
Grafton	Dwelling (group value)	201 Pound Street	Lot 4, DP 508184	Local
Grafton	Dwelling (group value)	202 Pound Street	Lot 30, DP 669304	Local
Grafton	Village Green Hotel	230 Pound Street	Lot 2, DP 390208	Local
Grafton	Dwelling (group value)	238 Pound Street	Lot 3, DP 662775	Local
Grafton	Dwelling (group value)	242 Pound Street	Lot 4, DP 730692	Local
Grafton	Dwelling (group value)	246 Pound Street	Lot 1, DP 780657	Local
Grafton	Racecourse kiosk	Powell Street	Lot 7005, DP 1056990	Local
Grafton	Dwelling	149 Powell Street	Lot 1, DP 331809	Local
Grafton	Dwelling	156 Powell Street	Lot 1, DP 780733	Local
Grafton	Dwelling	162 Powell Street	Lot 1, DP 780734	Local
Grafton	Dwelling	217 Powell Street	Lot 1, DP 713290	Local
Grafton	Grafton railway viaduct	Prince Street	Road reserve	Local
Grafton	The Barn (“T J Ford Pavilion”), Grafton Showground	Prince Street	Lot 1, DP 662827	Local
Grafton	Flood gauges	Prince Street	Lot 7001, DP 1054597	Local
Grafton	Memorial Park	Prince Street	Lots 4–6 and 10, DP 758470; Part Lot 701, DP 92920; Lot 702, DP 92916; Lot 7001, DP 1054597	Local
Grafton	Water fountain, Memorial Park	Prince Street	Lot 1, DP 1093926	Local
Grafton	Palm trees	Prince Street	Road reserve	Local
Grafton	Clock tower	Prince and Pound Streets (intersection of)	Road reserve	Local
Grafton	Offices (former Pullen’s Store and Warehouse)	3–7 Prince Street	Lot 5, Section 4, DP 23; Lot 1, DP 973918; Lot 6, DP 664187	Local
Grafton	Offices (former Northern Rivers County Council)	17 Prince Street	Lot 11, DP 1099939	Local
Grafton	Offices	25 Prince Street	Lot 1, DP 70468	Local
Grafton	Commonwealth Bank building	30 Prince Street	Lots 13 and 14, DP 111; Lot 1, DP 922441	Local
Grafton	Parapet	33 Prince Street	Lot 1, DP 199453	Local
Grafton	Grafton Chambers	35 Prince Street	Lot 2, DP 1100996	Local
Grafton	Shops	38 Prince Street	Lot 50, DP 602555; Lots 1–3, DP 17929	Local
Grafton	Offices and restaurant (former CBC Bank)	39 Prince Street	Lot 2, DP 61328	Local
Grafton	Shops and offices (“Dougherty House”)	46–48 Prince Street	Lot 2, DP 327609	Local
Grafton	Parapet	60 Prince Street	Lot 2, DP 161595	Local
Grafton	Shops (“Cartmills Building”)	63–69 Prince Street	Lot 1, DP 544356; Lot 2, DP 158836	Local
Grafton	Shops (“Hall Building”)	83–87 Prince Street	Lots 20 and 21, DP 1083786	Local
Grafton	Shop	89 Prince Street	Lot 1, DP 743028	Local
Grafton	Weileys Hotel (former)	90 Prince Street	Lots A and B, DP 63113	Local
Grafton	Grafton Fire Station	94 Prince Street	Lot 11, Section 32, DP 758470	Local
Grafton	Saraton Theatre	97–101 Prince Street	Lot 22, DP 1115455	State
Grafton	Uniting Church	126 Prince Street	Lot 4, DP 828933	Local
Grafton	Shop and residence	187 Prince Street	Lot 200, DP 844622	Local
Grafton	Girl Guides Hall	201 Prince Street	Lot 23, DP 758470	Local
Grafton	Grafton Ambulance Station	201a Prince Street	Lots 4 and 22, DP 758470	Local
Grafton	European Hotel (former)	207 Prince Street	Lot 2, DP 37919	Local
Grafton	Dwelling	223 Prince Street	Lot 1, DP 362814	Local
Grafton	Dwelling	239 Prince Street	Lot 1, DP 334736	Local
Grafton	Dwelling	241 Prince Street	Lot 6, DP 17691	Local
Grafton	Dwelling	259 Prince Street	Lot 81, DP 710015	Local
Grafton	Dwelling	261 Prince Street	Lot 82, DP 710015	Local
Grafton	Dwelling	263 Prince Street	Lot 6, DP 230564	Local
Grafton	Grafton railway viaduct	Queen Street	Road reserve	Local
Grafton	Dwelling (“Itala”)	1 Queen Street	Lot 1, DP 736979	Local
Grafton	Dwelling	6 Queen Street	Lot 1, DP 302451	Local
Grafton	Dwelling	27 Queen Street	Lot 1, DP 799630	Local
Grafton	Dwelling (group value)	35 Queen Street	Lot 6, DP 38771	Local
Grafton	Dwelling	37 Queen Street	Lot 42, DP 1139439	Local
Grafton	Dwelling	45 Queen Street	Lot 2, DP 323015	Local
Grafton	Dwellings (“Campbell’s House”)	58–60 Queen Street	Lot 2, DP 37019	Local
Grafton	Dwellings	59–61 Queen Street	Lot 20, DP 1067805	Local
Grafton	Dwelling	62 Queen Street	Lot 1, DP 37019	Local
Grafton	Dwelling (group value)	63 Queen Street	Lot 3, DP 737787	Local
Grafton	Dwelling (group value)	66 Queen Street	Lot 1, DP 732994	Local
Grafton	Dwelling	67 Queen Street	Lot 1, DP 784254	Local
Grafton	Dwelling (group value)	82 Queen Street	Lot 1, DP 196855	Local
Grafton	Dwelling (group value)	84 Queen Street	Lot 1, DP 995040	Local
Grafton	Dwelling (group value)	92 Queen Street	Lot 2, DP 517209	Local
Grafton	Dwelling (group value)	94 Queen Street	Lot 1, DP 517209	Local
Grafton	Dwelling	96A Queen Street	Lot 41, DP 719965	Local
Grafton	Dwelling (group value)	98 Queen Street	Lot 3, DP 629419	Local
Grafton	Dwelling (“The Gables”)	106 Queen Street	Lot 2, DP 531364	Local
Grafton	Dwelling	132 Queen Street	Lot 1, DP 330496	Local
Grafton	Dwelling	134 Queen Street	Lot 2, DP 330496	Local
Grafton	Dwelling (group value)	148 Queen Street	Lot 15, Section 92, DP 758470	Local
Grafton	Dwelling (group value)	150 Queen Street	Lot 1, DP 745530	Local
Grafton	Dwelling (group value)	152 Queen Street	Lot 1, DP 707137	Local
Grafton	Dwelling (group value)	158 Queen Street	Lot 1, DP 780735	Local
Grafton	Dwelling (group value)	160 Queen Street	Lot 3, DP 780732	Local
Grafton	Dwelling (group value)	162 Queen Street	Lot 201, DP 834173	Local
Grafton	Dwelling (“Amandale”)	164 Queen Street	Lot 200, DP 834173	Local
Grafton	Dwelling (group value)	172 Queen Street	Lot 15, DP 758470	Local
Grafton	Dwelling (group value)	174 Queen Street	Lot 2A, DP 397471	Local
Grafton	Dwelling	176 Queen Street	Lot 1, DP 515828	Local
Grafton	Albion Hotel	201 Queen Street	Lot A, DP 904084	Local
Grafton	Dwelling	204 Queen Street	Lot 2, DP 400843	Local
Grafton	Dwelling (group value)	206 Queen Street	Lot 8, DP 871610	Local
Grafton	Dwelling (group value)	208 Queen Street	Lot 7, DP 871610	Local
Grafton	Dwelling (group value)	4 Reserve Street	Lot A, DP 191251	Local
Grafton	Dwelling (group value)	13 Reserve Street	Lot 19, DP 524	Local
Grafton	Dwelling	15 Reserve Street	Lot 18, DP 524	Local
Grafton	Dwelling (group value)	16 Reserve Street	Lot 5, DP 207868	Local
Grafton	Dwelling	6 Turf Street	Lot 9, DP 632025	Local
Grafton	Dwelling	12 Turf Street	Lot 1, DP 997078	Local
Grafton	Dwelling	41 Turf Street	Lot 5, DP 734016	Local
Grafton	Dwelling (group value)	43 Turf Street	Lot 1, DP 798243	Local
Grafton	Dwelling	45 Turf Street	Lots 1 and 2, DP 719397	Local
Grafton	Dwelling (group value)	47 Turf Street	Lot 1, DP 798154	Local
Grafton	Dwelling (group value)	49 Turf Street	Lot 1, DP 798095	Local
Grafton	Dwelling	57 Turf Street	Lot 5, DP 185885	Local
Grafton	Dwelling	71 Turf Street	Lot 1, DP 632387	Local
Grafton	Dwelling	78 Turf Street	Lot 41, DP 737019	Local
Grafton	Dwelling	126 Turf Street	Lot 11, DP 833297	Local
Grafton	Sandstone kerb	Victoria Street	Road reserve	Local
Grafton	Roman Catholic presbytery	5 Victoria Street	Lot 4, DP 876947	Local
Grafton	St Mary’s Church	7 Victoria Street	Lot 4, DP 876947	Local
Grafton	Flats (former St Mary’s College)	9 Victoria Street	Lot 3, DP 876947	Local
Grafton	Dwelling	12 Victoria Street	Lot 1, DP 998523	Local
Grafton	Flats (“Lormont”)	16 Victoria Street	Lot 1, DP 156614	Local
Grafton	Dwelling (group value)	28 Victoria Street	Lot 1, DP 986069	Local
Grafton	Dwelling (group value)	30 Victoria Street	Lot 2, DP 998697	Local
Grafton	Offices	31 Victoria Street	Lot 21, DP 556054	Local
Grafton	Dwelling (group value)	32 Victoria Street	Lot 2, DP 872077	Local
Grafton	Dwelling (“McWilliam Lodge”)	33 Victoria Street	Lot 3, DP 866434	Local
Grafton	Dwelling	34 Victoria Street	Lot 1, DP 799125	Local
Grafton	Dwelling and gas lamp (“Bishopsholme”)	35 Victoria Street	Lot 4, DP 866434	Local
Grafton	Dwelling (group value)	36 Victoria Street	Lot 2, DP 559559	Local
Grafton	Dwelling (group value)	38 Victoria Street	Lot 1, DP 559559	Local
Grafton	Grafton Courthouse site (former)	51 Victoria Street	Lot 1, DP 832009	Local
Grafton	Grafton Court House	53 Victoria Street	Lot 701, Section 4, DP 92920	Local
Grafton	Offices (“Fitzgerald Building”)	54 Victoria Street	Lot 18, DP 111	Local
Grafton	Offices (“Foott, Law and Company”)	56 Victoria Street	Lot 17, DP 111	Local
Grafton	Grafton Post Office	57 Victoria Street	Lot 248, DP 751371	Local
Grafton	Post Office Hotel	58 Victoria Street	Lots 15 and 16, DP 111	Local
Grafton	Roches Family Hotel	85 Victoria Street	Lot 20, DP 866448	Local
Grafton	Dwelling	87 Victoria Street	Lot 6, DP 23	Local
Grafton	Dwelling	93 Victoria Street	Lots 3 and 4, DP 912543	Local
Grafton	Dwelling (“Istria”)	95 Victoria Street	Lot 1, DP 912543	Local
Grafton	Dwelling	97 Victoria Street	Lot 1, DP 195968	Local
Grafton	Dwelling (group value)	102 Victoria Street	Lot 3, DP 1099959	Local
Grafton	Dwelling (group value)	104 Victoria Street	Lot 1, DP 905480	Local
Grafton	Dwelling (group value)	106 Victoria Street	Lot 1, DP 133038	Local
Grafton	Dwelling (group value)	114 Victoria Street	Lot 2, DP 159494	Local
Grafton	Dwelling (former Argyle Hotel)	116 Victoria Street	Lot 8A, DP 161454	Local
Grafton	Dwelling (group value)	117–119 Victoria Street	Lots 7 and 8, DP 359	Local
Grafton	Dwelling (group value)	121 Victoria Street	Lot 6, DP 359	Local
Grafton	Dwelling (group value)	132 Victoria Street	Lot 1, DP 195626	Local
Grafton	Dwelling	133 Victoria Street	Lot 11, DP 846839	Local
Grafton	Dwelling	137 Victoria Street	Lot 1, DP 833552	Local
Grafton	Dwelling	140 Victoria Street	Lot 61, DP 711367	Local
Grafton	Dwelling	142 Victoria Street	Lot 2, DP 181	Local
Grafton	Dwelling (group value)	146 Victoria Street	Lot 1, DP 196852	Local
Grafton	Dwelling (“Arcola”), including house, stables, garden and fence	150 Victoria Street	Lot 2, DP 101002	State
Grafton	Grafton railway viaduct	Villiers Street	Road reserve	Local
Grafton	Convent	2 Villiers Street	Lots 2 and 3, DP 876947	Local
Grafton	Dwelling (group value)	16 Villiers Street	Lot 1, DP 995323	Local
Grafton	Dwelling (group value)	18 Villiers Street	Lot 2, DP 1097971	Local
Grafton	Dwelling	24 Villiers Street	Lot 1, DP 709752	Local
Grafton	Dwelling	26 Villiers Street	Lot 1, DP 797184	Local
Grafton	Dwelling (group value)	28 Villiers Street	Lot 1, DP 136571	Local
Grafton	Dwellings	30–32 Villiers Street	Lot 1, DP 196326	Local
Grafton	Dwelling (“Ravensford”)	36 Villiers Street	Lot 1, DP 998330	Local
Grafton	Dwelling	47 Villiers Street	Lot 9, DP 758470	Local
Grafton	Dwelling (“Mintara”)	57 Villiers Street	Lot 1, DP 1086125	Local
Grafton	Dwelling (“Lemnos”)	67 Villiers Street	Lot 1, DP 196905	Local
Grafton	Dwelling (group value)	123 Villiers Street	Lot 1, DP 369042	Local
Grafton	Dwelling (group value)	125 Villiers Street	Lot 1, DP 119692	Local
Grafton	Dwelling (group value)	127 Villiers Street	Lot 1, DP 906961	Local
Grafton	Dwelling (group value)	129 Villiers Street	Lot 5, DP 1085165	Local
Grafton	Dwelling (group value)	133 Villiers Street	Lot 2, DP 529390	Local
Grafton	Dwelling (group value)	135 Villiers Street	Lot 8, DP 651126	Local
Grafton	Dwelling (group value)	137 Villiers Street	Lot 1, DP 22915	Local
Grafton	Dwelling	149 Villiers Street	Lots 100 and 101, DP 1143581	Local
Grafton	Dwelling (group value)	153 Villiers Street	Lot 1, DP 359966	Local
Grafton	Dwelling (group value)	155 Villiers Street	Lot 2, DP 719255	Local
Grafton	Dwelling (group value)	157 Villiers Street	Lot 1, DP 711512	Local
Grafton	Dwelling (group value)	159 Villiers Street	Lot 2, DP 361547	Local
Grafton	Dwelling (group value)	163 Villiers Street	Lot 2, DP 449936	Local
Grafton	Dwelling (group value)	164 Villiers Street	Lot 1, DP 780628	Local
Grafton	Dwelling (group value)	175 Villiers Street	Lot B, DP 409460	Local
Grafton	Dwelling (group value)	179 Villiers Street	Lot 1, DP 780687	Local
Grafton	Street trees—Brachychiton, Ficus or Jacaranda trees over 3 metres in height	All road reserves throughout Grafton	Road reserves	Local
South Grafton	Dwelling (group value)	27 Armidale Street	Lot 14, DP 664172	Local
South Grafton	Dwelling (group value)	37 Armidale Street	Lot 1, DP 438410	Local
South Grafton	Dwelling	117 Armidale Street	Lot 2, DP 24818	Local
South Grafton	South Grafton Cemetery	Bent Street	Lot 7012, DP 1054591	Local
South Grafton	Dwelling (group value)	22 Bent Street	Lot 1, DP 208191	Local
South Grafton	Grafton City Railway Station Group	25–31 Bent Street	State
South Grafton	Grafton City Railway Station refreshment room furniture	25–31 Bent Street	State
South Grafton	Grafton Community College (former railway superintendent’s office)	25–31 Bent Street	Lots 1 and 3, DP 1006129	Local
South Grafton	Dwelling (“Uloom”)	28 Bent Street	Lot 7, DP 717381	Local
South Grafton	Dwelling	32 Bent Street	Lot 4, DP 738129	Local
South Grafton	Dwelling	34–36 Bent Street	Lot 4, DP 733423	Local
South Grafton	Dwelling (group value)	38 Bent Street	Lot 2, DP 737308	Local
South Grafton	Dwelling (group value)	42 Bent Street	Lot 100, DP 1150403	Local
South Grafton	Dwelling (group value)	48 Bent Street	Lot 1, DP 714630	Local
South Grafton	Dwelling (group value)	50 Bent Street	Lot 1, DP 734178	Local
South Grafton	Dwelling (group value)	52 Bent Street	Lot 1, DP 743897	Local
South Grafton	Riverside Church (former St Matthew’s Church)	54–56 Bent Street	Lot 90, DP 1111415	Local
South Grafton	Dwelling (group value)	58 Bent Street	Lot 91, DP 1111415	Local
South Grafton	Dwelling (“Tara”)	133 Bent Street	Lot 1, DP 313536	Local
South Grafton	South Grafton Brickworks	Brickworks Road	Lot A, DP 369178	Local
South Grafton	Dwelling (group value)	98 Cambridge Street	Lot 1, DP 743914	Local
South Grafton	Dwelling (group value)	103 Cambridge Street	Lot 171, DP 860428	Local
South Grafton	Dwelling	104 Cambridge Street	Lot 1, DP 780441	Local
South Grafton	Dwelling (group value)	105 Cambridge Street	Lot B, DP 362897	Local
South Grafton	Dwelling (group value)	107 Cambridge Street	Lot A, DP 362897	Local
South Grafton	Dwelling (“Urara”)	110 Cambridge Street	Lot 1, DP 780509	Local
South Grafton	Dwelling	114 Cambridge Street	Lot 1, DP 741758	Local
South Grafton	Dwelling (“Coorela”)	124–126 Cambridge Street	Lots 1 and 2, DP 780562	Local
South Grafton	The Tin Bridge	Federation Street	Road reserve	Local
South Grafton	Dwelling (group value)	30 Federation Street	Lot 13, DP 650843	Local
South Grafton	Dwelling (group value)	32 Federation Street	Lot 13, DP 664175	Local
South Grafton	Dwelling (group value)	50 Federation Street	Lot 18, DP 11466	Local
South Grafton	Dwelling (group value)	52 Federation Street	Lots 16 and 17, DP 11466	Local
South Grafton	Factory door	12 New Street	Lot 204, DP 1156976	Local
South Grafton	Lillypool Road dip	289 Old Lillypool Road	Lot 1, DP 343791	Local
South Grafton	Dwelling	42 Ridge Street	Lot 1, DP 946710	Local
South Grafton	Rushforth Road water reservoir	Rushforth Road	Lot 4, DP 608114; Lots 11–14, DP 711802; Lot 1, DP 704277	Local
South Grafton	Railway timber viaduct	Ryan Street	Road reserve	Local
South Grafton	William Small Memorial	Ryan Street (intersection)	Road reserve	Local
South Grafton	Royal Hotel	170 Ryan Street	Lot 1, DP 782909	Local
South Grafton	Dwelling	177 Ryan Street	Lot 1, DP 779700	Local
South Grafton	Dwelling (“Dallinga”	279 Ryan Street	Lots 1 and 2, DP 197033	Local
South Grafton	Dwelling (“Rathgar”)	44 Schwinghammer Street	Lot 21, DP 787630	Local
South Grafton	Trees	Skinner Street	Road reserve	Local
South Grafton	Commercial building (“Clarence Chambers”)	3–13 Skinner Street	Lots 14 and 21, DP 547066; Lot 1, DP 781228	Local
South Grafton	Shops	27 Skinner Street	Lot 1, DP 195208	Local
South Grafton	Shop (“The Emporium”)	29–31 Skinner Street	Lot 3, DP 65177	Local
South Grafton	Shops and restaurant (former Sweden’s Shops)	30–34 Skinner Street	Lot 1, DP 738877	Local
South Grafton	Shop and offices (former Bank of NSW)	37 Skinner Street	Lot 2, DP 65177	Local
South Grafton	Shop (“Central Hardware”)	39–43 Skinner Street	Lot 1, DP 65177	Local
South Grafton	Shop	45–47 Skinner Street	Lot 1, Section 6, DP 782969	Local
South Grafton	Shops	48–50 Skinner Street	Lot 2, DP 943321	Local
South Grafton	Shop	49–51 Skinner Street	Lot 2, DP 547066	Local
South Grafton	South Grafton Community Bank building	62 Skinner Street	Lot 1, DP 943321	Local
South Grafton	St Patrick’s Church	72 Skinner Street	Lot 1, DP 710159	Local
South Grafton	Post Office Hotel	75 Skinner Street	Lot 1, DP 783365; Lot 1, DP 742320.	Local
South Grafton	New School of Arts	77–81 Skinner Street	Lot 1, DP 1039206; Lot 2, DP 736139; Lot 1, Section 7A, DP 758914	Local
South Grafton	Post Office	83–85 Skinner Street	Lot 1, DP 736139	Local
South Grafton	Southampton dip	Southampton Road	Lot 110, DP 751385	Local
South Grafton	Dwelling (group value)	23 Spring Street	Lot 3, DP 601371	Local
South Grafton	Dwelling (group value)	24–26 Spring Street	Lot 12, DP 1153556	Local
South Grafton	Dwelling (group value)	25 Spring Street	Lot 2, DP 601371	Local
South Grafton	Dwelling (group value)	27 Spring Street	Lot 1, DP 601371	Local
South Grafton	Dwelling (group value)	28 Spring Street	Lot 1, DP 602372	Local
South Grafton	Dwelling (group value)	31 Spring Street	Lots 3 and 4, DP 783197	Local
South Grafton	Dwelling (group value)	47 Spring Street	Lot 1, DP 783063	Local
South Grafton	Shops and flats	55–59 Spring Street	Lot 51, DP 790819	Local
South Grafton	Dwelling (former Orara Shire Council Chambers)	68 Spring Street	Lot 13, DP 758914	Local
South Grafton	Great Northern Hotel	76–78 Spring Street	Lot 1, DP 323751; Lots 8 and 9, DP 323751	Local
South Grafton	South Grafton Council Chambers (former)	86 Spring Street	Lot 4, Section 7A, DP 758914	Local
South Grafton	Dwelling	107 Spring Street	Lot 41, DP 872930	Local
South Grafton	Lane Park	Through Street	Lot X, DP 33661	Local
South Grafton	Water trough, Lane Park	Through Street	Lot X, DP 33661	Local
South Grafton	Dwelling (former South Grafton station master’s house)	27 Through Street	Lot 1, DP 832916	Local
South Grafton	Dwelling	28A Through Street	Lot 1, DP 526215	Local
South Grafton	Dwelling (group value)	34 Through Street	Lot 1, DP 741338	Local
South Grafton	Dwelling	35 Through Street	Lot 112, DP 618313	Local
South Grafton	Dwelling (group value)	36 Through Street	Lot 1, DP 714747	Local
South Grafton	Dwelling (“McKittrick House”)	47 Through Street	Lot 3, DP 1418	Local
South Grafton	Dwelling (“Page House”)	69 Through Street	Lot 2, DP 783029	Local
South Grafton	Dwelling (“Clarence House”)	71 Through Street	Lot 3, DP 783029	Local
South Grafton	Flats	72 Through Street	Lot 1, DP 782927	Local
South Grafton	Dwelling (group value)	75 Through Street	Lot 5, DP 783029	Local
South Grafton	Dwelling (group value)	80 Through Street	Lot 1, DP 86939	Local
South Grafton	Walkers Marina Hotel	90 Through Street	Lot 20, DP 803507	Local
South Grafton	Dwelling	112 Through Street	Lots 2 and 3, DP 192757

Local
South Grafton	Gum tree (Eucalyptus seeana)	144 Washpool Road	Road reserve	Local
South Grafton	Dwelling (former South Grafton CWA Rooms)	9 Wharf Street	Lot 5, DP 703754	Local
South Grafton	Dwelling	22 Wharf Street	Lot 1, DP 713376	Local
South Grafton	Australian Hotel	27 Wharf Street	Lot 1, DP 438252	Local
South Grafton	Dwelling (group value)	43 Wharf Street	Lot 17, Section 5, DP 758470	Local
South Grafton	Dwelling (group value)	45 Wharf Street	Lot 1, DP 716357	Local
South Grafton	Dwelling (group value)	48 Wharf Street	Lot 6A, DP 362375	Local
South Grafton	South Grafton Fire Station	64 Wharf Street	Lot 29, DP 758914	Local
South Grafton	St Stephen’s Presbyterian Church	69 Wharf Street	Lot 11, DP 758914	Local
South Grafton	Street trees—Brachychiton, Ficus or Jacaranda trees over 3 metres in height	All road reserves throughout South Grafton	Road reserves	Local
Swan Creek	Green Family Memorial Gates	1 Greens Lane	Lot 1, DP 198810	Local
Swan Creek	Livingstone’s House	25 Livingstone Lane	Lot 12, DP 863869	Local
Swan Creek	Dwelling (“Kincross”)	Swan Lane and Pacific Highway (corner of)	Lot 1, DP 657567	Local

Part 2Heritage conservation areas

Description	Identification	Significance
Grafton Conservation Area	Shown edged heavy black and stippled on the map marked “Grafton Heritage Amendment Conservation Areas—Grafton South Grafton”	Local
South Grafton Conservation Area	Shown edged heavy black and stippled on the map marked “Grafton Heritage Amendment Conservation Areas—Grafton &South Grafton”	Local

Schedule 2

(Clause 9)

Hairdressing salon

Newsagency

Shops used for the sale of:

• •

  hardware;

• •

  medical and surgical supplies and equipment;

• •

  small goods and sandwiches.

Other premises used for:

• •

  banking facilities

• •

  accounting and computing facilities

• •

  restaurants.

Any other use which closely resembles a use identified above.

Schedule 3

(Clause 27)

Advertising structures

Agriculture

Dwelling-houses

Farm structures

Forestry

Public utility undertakings

Service stations

Schedule 4Development for certain additional purposes

(Clause 36)

Lot 291, DP 739341, Crown Street, Grafton—one ancillary dwelling, subject to the main habitable floor level being no lower than 6.4 metres AHD, any lower floor level being a minimum of 350 mm above the 1-in-100-year ponding level at the site as determined by the Council, and no excision of the land on which the dwelling is located from the remainder of the subject land.

Lot 4, DP 234318, and Lot 1, DP 716909, Corner Minden and Vere Streets, South Grafton—one dwelling, subject to the main habitable floor level being no lower than 8.5 metres AHD and the dwelling not being enclosed below that level except for the purposes of garage and laundry facilities and the entry having a maximum enclosed area of 40 square metres.

Lots 10 and 11, Section 16, Bent Street, South Grafton—motor showroom, subject to the provisions of sections 84, 85, 86, 87 (1) and 90 of the Act being applied to an in respect of:

• (a)

  any replacement of the building that was situated on the land when Grafton Local Environmental Plan 1988 (Amendment No 7) commenced, and

• (b)

  any extension to the building so situated that, in the Council’s opinion is a substantial extension,

in the same way as those provisions apply to and in respect of designated development.

Lot 1, DP 560297, corner of Vere and Cowan Streets, South Grafton, as shown edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 9)” deposited in the office of the Council—hangar for the repair and servicing of aircraft.

Lots 1–5, DP 19244, Dobie Street, Grafton—retailing of building materials and ancillary products and the erection of one dwelling, subject to the dwelling having a lower ground floor level of 350mm above the assessed 1-in-100-year ponding level at the site, and there being only one vehicular egress point to Dobie Street but no vehicular ingress off Dobie Street.

Lot 259, DP 751385, Cnr Iolanthe Street and the Pacific Highway, South Grafton—a highway service centre including restaurants, service stations, and other highway related activities, subject to the Council not granting development consent until after completion of the Heber Street Flood Levee, with the completion date as advised by the Clarence River County Council, and subject to access to the site being from Iolanthe Street only with access from the Pacific Highway being prohibited.

Lots 18 and 19, DP 19244, Smith Street, Grafton—parking of trucks, trailers, and prime movers and the loading and unloading of those vehicles, subject to those uses being undertaken in conjunction with the operation of a road transport terminal on Lots 5 and 6, DP 341937 and Lots 7 and 8, DP 225379, Duke Street, Grafton.

Lot 17, DP 19244, Smith Street, Grafton—storage of goods and pallets, subject to that use being undertaken in conjunction with the operation of a road transport terminal on Lots 5 and 6, DP 341937 and Lots 7 and 8, DP 225379, Duke Street, Grafton.

Part Lot 346, DP 751385, Lot 347, DP 751385 and Part Reserve 83443, Pacific Highway, South Grafton, as shown edged heavy black on Sheet 1 of the map marked “Grafton Local Environmental Plan 1988 (Amendment No 22)” deposited in the office of the Council—highway related uses, including service stations, restaurants, tourist facilities and the like, subject to the Council being satisfied that the development will not have a significant adverse impact on local drainage and subject to there being a single entrance to the whole of the site and a separate single exit from it.

Lot 4, DP 586649, Charles Street, South Grafton—bus station.

Lot 21, DP 1059688, Pacific Highway and part of Through Street, South Grafton, as shown edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 39)” deposited in the office of the Council—warehouse retailing hardware and building supplies and ancillary products, subject to the Council being satisfied that:

• (a)

  appropriate traffic management is provided at the intersection of Bent and Spring Streets, South Grafton, and

• (b)

  appropriate realignment of the local road network is undertaken at the intersection of Spring and Iolanthe Streets, South Grafton.

Lots 9 and 13–17, Section 16, DP 758914, 110 Bent Street, South Grafton, as shown edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 45)” deposited in the office of the Council—motor showroom and motor vehicle servicing.

Lot 3, DP 746578 and parts of Lots 2 and 5, Section 126, DP 758470, 206 Arthur Street, Grafton, as shown edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 47)” deposited in the office of the Council—seniors housing.

Schedule 5Classification and reclassification of public land as operational land

(Clause 38)

Part 1Land classified, or reclassified, under original section 30 of Local Government Act 1993

Lot 3 DP 746578 No 206 Arthur St, Grafton

Lot 657 DP 253160 No 4 Peppermint Pl, South Grafton

Lot 1 DP 586179 Prince/Arthur Sts, Grafton

Lot 2 DP 839420 Spring/Charles Sts, South Grafton

Lot 1 DP 839420 Spring/Charles Sts, South Grafton

Section 135, Ph Great Marlow, Villiers St, Grafton

Reserve 82563, Armidale St, South Grafton

Lot 21 DP 712604 Powell St, Grafton

Reserve 51306, Bent St, South Grafton

Part 2Land classified, or reclassified, under amended section 30 of Local Government Act 1993—interests not changed

Locality Description

Part 3Land classified, or reclassified, under amended section 30 of Local Government Act 1993—interests changed

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Grafton
Duke Street	Duke Street Central Car Park, being Lot 11, DP 1027121, Lot 12, DP 391707, Lots 7B, 8 and 9B, DP 17579, Part Lot 8 in Conveyance No 170 Book 2677, Part Lot 8 in Conveyance No 958 Book 3069, Part Lot 9 in Conveyance No 146 Book 2716, Part Lot 9 in Conveyance No 306 Book 2838 and Part Lot 9 in Conveyance No 925 Book 2939, as shown edged heavy black on the map marked “Grafton Local Environmental Plan 1988 (Amendment No 35)” deposited in the office of the Council.	Rights of way reserved in Conveyances No 681 Book 316, No 679 Book 316, No 183 Book 420, No 540 Book 1003, No 496 Book 1012, No 495 Book 1012 and No 576 Book 953.

Schedule 6Classification and reclassification of public land as community land

(Clause 38A)

Locality Description